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Author: Alfred Kellermann
Publisher: T.M.C. Asser Press
ISBN: 9789067041324
Category : Law
Languages : en
Pages : 604
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Book Description
The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level. This subject is the more attractive because the 'constitutional' impact of en largement is an essential element in the context of the 'rule of law' as one of the 1 general principles of the Union. Here a relationship does exist with objectives such as a good and transparent system of governance, a democratic legislative process, an independent judiciary and an adequate system of legal protection. As to the national level, the implications membership of the Union has for the constitutional texts of the (candidate) member States have a connection with the fundamental characteristics of Community law such as priority of European law (over national law), direct applicability and direct effect. These principles reflect the interest in ensuring that European law, once applied in the national context by the public authorities or the judiciary, is made fully effective, for the benefit not only of the public authorities but also of the ordinary citizen.
Author: Alfred Kellermann
Publisher: T.M.C. Asser Press
ISBN: 9789067041324
Category : Law
Languages : en
Pages : 604
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Book Description
The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level. This subject is the more attractive because the 'constitutional' impact of en largement is an essential element in the context of the 'rule of law' as one of the 1 general principles of the Union. Here a relationship does exist with objectives such as a good and transparent system of governance, a democratic legislative process, an independent judiciary and an adequate system of legal protection. As to the national level, the implications membership of the Union has for the constitutional texts of the (candidate) member States have a connection with the fundamental characteristics of Community law such as priority of European law (over national law), direct applicability and direct effect. These principles reflect the interest in ensuring that European law, once applied in the national context by the public authorities or the judiciary, is made fully effective, for the benefit not only of the public authorities but also of the ordinary citizen.
Author: Anneli Albi
Publisher: Cambridge University Press
ISBN: 9780521845410
Category : Law
Languages : en
Pages : 300
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Book Description
This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 1402038429
Category : Law
Languages : en
Pages : 385
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Book Description
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Author: Christophe Hillion
Publisher: Hart Publishing
ISBN: 1841133760
Category : Law
Languages : en
Pages : 211
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Book Description
Written by experts, this book looks at the conditions and modalities of accession and the impact of enlargement on EU institutions and policies.
Author: Wojciech Sadurski
Publisher: OUP Oxford
ISBN: 0191631086
Category : Law
Languages : en
Pages : 403
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Book Description
After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.
Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0199696780
Category : Law
Languages : en
Pages : 263
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Book Description
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Author: Mads Tønnesson Andenæs
Publisher: Hart Publishing
ISBN: 1841133396
Category : Law
Languages : en
Pages : 449
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Book Description
Contains essays on the enlargement and constitution of the European Union.
Author: Kirstyn Inglis
Publisher: Europa Law Publishing
ISBN: 9789076871387
Category : Law
Languages : en
Pages : 328
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Book Description
Recoge: 1. Formalising European Constitutionalism; Potencial added value or "Death by Constitution" - 2. Towards a more democratic union? Comments on the Treaty establishing a Constitution for Europe - 3. Institutional reform in the European Union - 4. The National Parliaments in an enlarged Europe and the Constitutional Treatry - 5. The "principle" of differentiation in an enlarged European Union; unity in diversity? - 6. Impact of European Union enlargement on EMU; monetary split-up into "ins" and "outs" as a temporary or permanent phenomenon? - 7. Differentiation in European Union citizenship law; the Cyprus problem - 8. The impact of the agriculture on the success of enlargement - 9. European counter-terrorism in the context of enlargement: challenges ahead - 10. EU enlargement-membership conditions applied to future and potential member states - 11. Minority protection in the EU-Challenges ahead - 12. Turkey's democratisation in light of its EU candidate status; EU enlargement at a crossroads.
Author: Edward Best
Publisher: Edward Elgar Publishing
ISBN: 1848443781
Category : Political Science
Languages : en
Pages : 275
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Book Description
This book in addition of being remarkable academic reading contributes, on the highest scholarly level, to the furthering of our understanding of performance of the EU institutions which is essential for practitioners and researchers in the midst of the institutional crisis. Dominik Vuleti , Croatian International Relations Review . . . an impressively detailed introduction to the institutions and committees that form the core frameworks of EU activities including the EU Parliament, the European Central Bank, and the effects of EU membership expansion. The Institutions of the Enlarged European Union is very strongly recommended as an addition to governmental and university library International Studies reference collections in general, and European Union Studies supplemental reading lists in particular. Midwest Book Review The International Studies Shelf This excellent book in the series of studies on EU reform and enlargement is not as dry as it first appears. . . The contributors outline the key changes as well as patterns of continuity in the institutional policies of the EU and their research which I feel will be highly beneficial to lawyers, economists and politicians. . . I found the book to be invaluable for postgraduate and advanced undergraduate students of EU politics and administrative science, as well as researchers, practitioners and journalists working in the fields of European studies more widely. Phillip Taylor, The Barrister This timely, comprehensive and authoritative study provides much food for thought for European policy makers, particularly in the current situation of uncertainty about the Lisbon Treaty. The authors basically upbeat findings that, despite the arrival of twelve new member states in one big bang and one after shock, it has been pretty much business as usual for the EU s institutions will comfort both those who worried about the EU s capacity to act in the absence of institutional reform and those who argued that such reform was unnecessary. But the editors identify a number of emerging dynamics that will be of concern to all who care about the Union s democratic future: increasing formalisation of meetings and procedures on the one hand, coupled with an increase in informal, pre-cooked deals on the other; increasing primacy of the administrative over the political; and a growing trend towards presidentialisation within the institutions, with continued efficiency requiring more emphasis on the primus than on the pares . The editors conclude that, while the European Union s institutional system continues to function and might even become more efficient, the price to be paid could further distance the Union from the citizens it seeks to serve. Martin Westlake, Secretary General, European Economic and Social Committee, Brussels, Belgium This volume reports a thorough appraisal of how the EU institutions have fared since the 2004 enlargement. In essence the answer is more of the same, with no evidence of gridlock. Business has been conducted in similar ways and at similar levels of output, helped by procedural adaptation. The new member states have slotted into the existing routines of the Union. Helen Wallace, European Institute, London School of Economics and Political Science, UK How have the main institutions and decision-making processes of the EU responded to the arrival of new member states? This book assesses the actual state of the EU institutions in the years after the 2004 enlargement, examining each of the main institutional actors as well as trends in legislative output, implementing measures and non-legislative approaches. The contributors outline the key changes as well as patterns of continuity in the institutional politics of the EU. The analysis finds that breakdown has been avoided by a combination of assimilation of the new member states and adaptation of the system, without any fundamental transformation of the institutions. Nonetheless, they conclude that it
Author: Alexander H.E. Morawa
Publisher: Routledge
ISBN: 131716170X
Category : Law
Languages : en
Pages : 296
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Book Description
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
